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Thread: Virginia car insurance coverage question

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    Default Virginia car insurance coverage question

    trying to find out if our med pay and loss of wage coverage applies.
    Pulled into a parking spot at a store day after a snow. Parking lot was cleared and looked like dry blacktop. Driving a pickup truck. When my wife and i started to exit truck as soon as our weight transferred to foot on ground we both fell out of truck due to slipping on black ice.
    Asked our agent about filing claim they got snotty and said we werent driving and there was no accident. Reading the policy is confusing. Freinds tell us submit bills and let ins co decide but i dont want to file claim if it will not be covered as claim is a mark against you.

    Any info appreciated, thanks!
    Last edited by trnsmaster; 08-06-2015 at 07:51 PM.

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    Quote Originally Posted by trnsmaster View Post
    trying to find out if our med pay and loss of wage coverage applies.
    Pulled into a parking spot at a store day after a snow. Parking lot was cleared and looked like dry blacktop. Driving a pickup truck. When my wife and i started to exit truck as soon as our weight transferred to foot on ground we both fell out of truck due to slipping on black ice.
    Asked our agent about filing claim they got snotty and said we werent driving and there was no accident. Reading the policy is confusing. Freinds tell us submit bills and let ins co decide but i dont want to file claim if it will not be covered as claim is a mark against you.

    Any info appreciated, thanks!
    You already talked to your ins. agt. & he/she noted since you were not driving (you both apparently slipped when getting out of vehicle), there was no car ins. accident & apparently no claim. The only thing you can do is try filing a claim. You could have a lawyer review the policy & get his/her opinion before filing. It seems from what you posted, your car ins. coverage "probably" does not pay.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    The car was not in operation. Your auto insurance has nothing to do with it. It's no different than if you were out walking and slipped on the sidewalk.

    The owner of the property MIGHT bear some responsibility here which their property insurance MIGHT pay, depending on how long it had been since the inclement weather and whether the lot was represented to be clear of danger. If not the burden of caution is on you.

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    I doubt car insurance will pay for a slip and fall especially since you were not injured in a car accident. Just exiting the car isn't enough to make it back onto your car insurance since the car itself had no part in the actual incident.

    That said, I agree with the question as to whether you informed the property manager of the incident? It might fall back to the property management company if the parking lot is shared by multiple stores. However, they might require you to prove it happened on their property and not on your own driveway, especially if you didn't inform anyone at the time and now it is almost end of summer. And even then they might say the type of truck you were driving was partially responsible if it doesn't have hand holds by the door etc. Or it might be partial negligence on your part if you live in an area where black ice is common.

    Some people cover themselves with an umbrella policy that might cover something like this. But it doesn't sound like you do since you are trying to get car insurance to pay.

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    It's possible the property owner "might" bear some responsibility. However, you noted the lot was cleared. They might have cleared it the best that they could. You should always be cautious exiting your car & walking in bad weather conditions. Your chances are most likely better that they bear some responsibility though than your car ins. co. since there was no accident.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    Quote Originally Posted by Betty3 View Post
    It's possible the property owner "might" bear some responsibility. However, you noted the lot was cleared. They might have cleared it the best that they could. You should always be cautious exiting your car & walking in bad weather conditions. Your chances are most likely better that they bear some responsibility though than your car ins. co. since there was no accident.
    We notified mgr who came out and put sand on one side of truck only. Had passerby help us up also. Mgr wouldnt even take an accident report, cashier said he was supposed to. Requesting copy of security camera tape. Car ins would pay immediately is why we consider that. Med pay says...injuries while in or upon vehicle. So dods half in count?

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    Quote Originally Posted by trnsmaster View Post
    So dods half in count?
    Probably not but only your car ins. co. can answer that - depends on exact wording of policy & their interpretation.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    Quote Originally Posted by trnsmaster View Post
    We notified mgr who came out and put sand on one side of truck only. Had passerby help us up also. Mgr wouldnt even take an accident report, cashier said he was supposed to. Requesting copy of security camera tape. Car ins would pay immediately is why we consider that. Med pay says...injuries while in or upon vehicle. So dods half in count?
    I suspect the "while or upon" also means while the engine was on or the car was moving or you were at a standstill at a stoplight or in traffic or hit by another driver while in a parking lot after the car was off. Not that you stopped, turned the car off and got out of the car and slipped (again because of no fault of the car). You could have easily slipped walking towards or into the store with no car involved at all. I very much doubt you will get anything out of the insurance company at all.

    As to the manager/store, it is very possible that (1) cameras don't exist or (2) that any video that old would have already been written over. And it is very possible they won't have to show you the video if they are a private business at all unless you sue them and get a subpoena for it.

    Do you have any witnesses to what actually happened? Is the cashier who told you the manager should have filled out a report the same one that was working the day you fell or someone else you have been talking to later? Again, is this store a stand alone or does it share a parking lot with other retail/service tenants? It is very possible the store isn't even the one responsible depending on their lease with the property owner/management company. And then whether this is more of "an act of God" then negligence.

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    I think you can probably forget about trying to get your car ins. co. to pay. There was no accident with/to the car.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    Been awhile but auto ins covers entering and exiting vehicle had to gothru ins commission office. So they have been paying medpay . But not loss of wage . Ortho doc won't fill out any disability forms. Yet Tells me "i need to find new line of work , can't do what been doing" which is what car ins wants to hear. Kicker is I sent same medical records to car ins an social security. I received SS disability but car ins still wants dr"s note . How do I force doc to fill out form ? And shouldn't the fact I recd SS disability tell the ins co I am not able to work , as SS looks at any job whereas ins co only considers regular occupation ?
    Thanks again

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    SSDI is a very different standard is does not mean that you are always and forever precluded from any and all work. It also covers medical conditions which last at least a year but from which you might recover. Your insurance plan might (and probably does) only cover permanent conditions. It also might not only cover your current occupation. Those policies are rare. If you can't get your doctor to agree to fill out the forms, that tells you a lot. You don't say what injury you suffered as a result and whether or not this injury from a slip on ice is the sole cause of your inability to work.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    Quote Originally Posted by ElleMD View Post
    SSDI is a very different standard is does not mean that you are always and forever precluded from any and all work. It also covers medical conditions which last at least a year but from which you might recover. Your insurance plan might (and probably does) only cover permanent conditions. It also might not only cover your current occupation. Those policies are rare. If you can't get your doctor to agree to fill out the forms, that tells you a lot. You don't say what injury you suffered as a result and whether or not this injury from a slip on ice is the sole cause of your inability to work.
    auto ins says '' not being able to perform current job'' which is less stringent than ssdi which talks about not being able to do any job.
    have ruptured disc at L4/L3 L3/L2 previously fused s1 L5L4 30 yrs ago. no problems except for pulled muscles till accident. doc said straw that broke camels back but wont fill out forms. yet his medical records led to ssdi award. can i have the doctor and his pa deposed to answer
    thanks again

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    Deposed for what? Again, SSDI is not just for permanent injuries and it does not care who or what caused them. Your auto carrier I can guarantee has a different standard, and just being the straw that broke the camels back is probably not going to do it. It is extremely rare for an auto carrier to pay out for permanent disability. Even more so when it is not a catastrophic claim. I'm fairly surprised they covered anything at all, but my guess is it just wasn't worth the fight. Depending upon the value of the policy, it might be worth their while to fight getting stuck with permanent disability. Ruptured disks can heal or be fixed. Perm total is extremely unlikely. SSDI would cut off if you had surgery or it healed and were no longer totally unable to work. Something close to 90% heal on their own.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    So car insurance has been paying med pay benefits .
    I am treating with a spine and pain specialist trying to avoid surgery.
    Steroid inj raised blood sugar so doc said nerve block next step,but first must do test procedure to see if I am candidate. Have procedure done report back on follow up that it worked great ,that I was almost pain free. Schedule real procedure which he says results last 6 to 12 months at a time till nerve grows back.

    Now med pay after receiving docs report from trial procedure stops benefits saying I am cured.call rep tell them it's a trial to see if I qualify for nerve block which I have had in meantime.and that that is still temp fix lasting 6 months or so. Ins co doesn't want to here it. Had my doc call rep and explain to no avail !!
    How do I fight ins co on this without a lawyer as his costs would be way more than benefits available ??
    Thanks again

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    If you are not currently incapacitated, it is extremely unlikely the policy will pay, even if it is possible at some later date you might be incapacitated again.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    Quote Originally Posted by ElleMD View Post
    If you are not currently incapacitated, it is extremely unlikely the policy will pay, even if it is possible at some later date you might be incapacitated again.

    I have not returned to pre accident condition . Med pay has been paying until they saw pain relieved by test procedure . But this was only temporary relief . Pains returned in a month . So had the actual procedure done which is still a temporary band aid . Which dr told med pay rep . Still only allowed to lift 20 lb or less and not stand any length of time which keeps me out of work . Insurance has been told only surgery can correct problem ( but outcome not guaranteed)

    So how do I fight insurance to reinstate med pay ? Not enough involved for a lawyer . Can I take them to small claims court ?

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    Quote Originally Posted by trnsmaster View Post
    I have not returned to pre accident condition . Med pay has been paying until they saw pain relieved by test procedure . But this was only temporary relief . Pains returned in a month . So had the actual procedure done which is still a temporary band aid . Which dr told med pay rep . Still only allowed to lift 20 lb or less and not stand any length of time which keeps me out of work . Insurance has been told only surgery can correct problem ( but outcome not guaranteed)

    So how do I fight insurance to reinstate med pay ? Not enough involved for a lawyer . Can I take them to small claims court ?
    Have you read your insurance policy? Any appeals procedure should be outlined in it.

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    You don't have to be good as new or in your pre-accident condition. Right now, you are not totally debilitated and benefits as though you are will not be paid. If your medical reports show that right this minute you would be capable of employment, the expectation is that you will be seeking employment.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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